Analysis: Abortion debate could dominate 2008 Legislature

One thing sure to come from Attorney General Paul Morrison's handling of a case against Dr. George Tiller is a revival of the abortion debate during next year's legislative session.

The only question is to what extent it will dominate the session.

And since 2008 is an election year for all House and Senate members, the issue could occupy a lot of time on the debate schedule.

"It's an election year in Kansas, and I can't remember the last election year where we didn't have an abortion debate," said Senate Majority Leader Derek Schmidt.

At issue is the state's 1998 late-term abortion law, which says such procedures can be done when a fetus can survive outside the womb only if the mother's life is at risk or if continuation of the pregnancy will cause her a substantial and irreversible impairment of a major physical or mental function.

Former Attorney General Phill Kline, a leader in the anti-abortion movement, fought a two-year battle to get patient records from Tiller, a high-profile abortion provider in Wichita. Kline filed 30 misdemeanor charges against Tiller in December, all dismissed by a judge over a jurisdictional issue.

Morrison, a Democrat who supports abortion rights, defeated the Republican Kline in November. On Thursday, Morrison said Kline's charges lacked merit but then charged Tiller with 19 misdemeanor counts of getting a second opinion from a doctor who wasn't financially independent of him, as the law requires.

The last time abortion was a major debate topic among legislators was when the 1998 law was passed. The extent of next year's debate will depend on what happens between now and then.

"Legislation ought to be about solving problems, and it is impossible to know what the problems will be by January because this criminal prosecution has raised the possibility of dramatic changes in the landscape with respect to abortion in Kansas," said Schmidt, R-Independence.

Senate Minority Leader Anthony Hensley said abortion certainly will be an issue.

"It has been on the A-list for a lot of people each time the session meets. The only question is, what form does the debate take?" said Hensley, D-Topeka.

While Morrison and Kline accuse each other of improperly enforcing the late-term abortion law, they agree it shouldn't be changed. Morrison spokeswoman Ashley Anstaett said her boss doesn't plan to propose any changes.

"That's the Legislature's end of it. He's going to let them decide," she said. "He'll enforce whatever they think is best — or if they decide to leave it the way it is."

Kline, who helped write the 1998 law when he was in the House, said the law is fine the way it is and that Morrison is misreading it.

"What they need to focus on is the enforcement of the law," Kline said. "It needs to be enforced."

Rep. Lance Kinzer, an anti-abortion leader among legislators, agrees enforcement is the key, not a new law. He said abortion reports doctors submit to state health officials are too vague, and the Legislature needs to change that.

"There needs to be language to make it clear that when the statute says report the reason and basis, it really means that," said Kinzer, R-Olathe. "You have to report the actual diagnosis to justify the abortion, not just a restatement of the statutory language."

It is an idea that has the backing of House Speaker Melvin Neufeld, R-Ingalls.

Some legislators think changing the law isn't a bad idea. Rep. Arlen Siegfreid has said he wants to ban all abortions after the 21st week of pregnancy except to save the mother's life. The concept has the backing of other abortion opponents, including Neufeld.

Siegfreid, R-Olathe, is chairman of the House Federal and State Affairs Committee, which normally handles abortion bills.

Legislative leaders will decide next month whether to assign the abortion topic to a special study committee this summer — an idea Hensley supports.